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2026 DAILYLAW 47294 (PAT)

Ravi Mahto @ Ravi Mahato v. The State of Bihar

CR. MISC./91942/2025 · 2026-01-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91942 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- SAHODARA District- West Champaran ====================================================== Ravi Mahto @ Ravi Mahato son of Yadavlal Mahto @ Jadolal Mahto Resident of village- Kamta farm PS -sahodara District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sujeet Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Sahodara P.S. case No. 91 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 240 liters liquor was recovered from a farm near a river. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired Patna High Court CR. MISC. No.91942 of 2025(2) dt.19-01-2026 2/3 on the basis of disclosure made by local chowkidar. Recovery has been made from an open place accessible to public at large. The petitioner is in custody since 18.11.2025 and has got seven criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has seven criminal antecedents, hence, he does not deserve the privilege of bail. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahodara P.S. case No. 91 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two Patna High Court CR. MISC. No.91942 of 2025(2) dt.19-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Pankaj/- (Rudra Prakash Mishra, J) U T